Marrying a U.S. citizen is undoubtedly one of the fastest ways to immigrate to the United States. As a result, many foreigners exploit this method for personal gain, some to fraudulently obtain a green card, and others to amass wealth. Therefore, to prevent sham marriages, the immigration authorities will conduct investigations and interviews to assess the authenticity of the marriage between the applicant and the beneficiary. So, what factors may raise suspicions of a sham marriage?
1. The applicant and the beneficiary have known each other for a short time or have only met a few times.
2. The applicant and the beneficiary have different races, nationalities, cultures, and religious backgrounds, with no common language.
3. There is a significant age and educational disparity between the applicant and the beneficiary.
4. The application lacks certain facts to prove the authenticity of the marriage.
5. The application contains inconsistent information.
6. The application includes circumstances that raise doubts.
For example: If the applicant for the immigration petition is a permanent resident who obtained their status through a previous marriage, or if the marriage occurred only after the foreign spouse became the subject of an investigation or deportation by the immigration authorities.
Additionally, if the adjustment of status is taking place within the United States and the applicant and beneficiary have different addresses, it may lead immigration officials to suspect that the marriage is a sham. The immigration authorities may also send investigators to the address provided by the applicant to verify whether the parties truly live together, asking neighbors if they know the couple and if they have seen them together. If it is found that the parties do not genuinely reside together, it is highly likely that the marriage will be suspected of being a sham.
Regarding the authenticity of the marriage, in addition to the factors that may raise suspicions of a sham marriage, the following questions are also of great concern to those involved in spousal immigration:
1. When will an interview be conducted to test the authenticity of the marriage?
a. The first notification from the foreign spouse's consulate to attend the immigration visa interview. b. The first notification from the immigration authorities to attend the adjustment of status interview. c. The second notification from the consulate or immigration authorities to attend the immigration visa or adjustment of status interview. d. The notification from the immigration authorities to attend the interview for the removal of conditions on marriage.
2. What is the scenario of such an interview?
During the interview, the applicant and the beneficiary are generally interviewed separately, but the same questions will be asked. For example: What was for dinner last night? What was for breakfast today? What are the sleeping arrangements in the bedroom? Who are the family members living together, and what are their names? How many times did they meet before marriage, and how long was the courtship? What was the last birthday gift?
3. What are the consequences of being determined to have a sham marriage?
If it is found to be a sham marriage based on the interview results, the application will be denied. Once denied, if the foreign spouse is at the consulate interview, they will be unable to obtain an immigration visa; if they are in the United States, the foreign spouse will face deportation. The U.S. citizen will face a maximum of 10 years in prison, or a fine of up to $250,000, or both.
4. Our marriage is genuine; why would it be suspected of being a sham?
As mentioned at the beginning of the article, many foreigners exploit marriage immigration for personal gain, which is why immigration officials will maintain a skeptical attitude towards the authenticity of the marriage until it is verified. Even a genuine marital relationship may undergo scrutiny during the sham marriage interview. Additionally, if certain evidence of a genuine marriage is relatively weak, it may also lead to suspicions of a sham marriage.
